New South Wales Consolidated Regulations

WESTERN DIVISI0N REGIONAL ENVIRONMENTAL PLAN NO 1--EXTRACTIVE INDUSTRIES - REG 9

9 Designated development

(1) Development for the purposes of extractive industries that is carried out in the following circumstances is declared to be designated development for the purposes of the Act:

(a) development which uses or disturbs a total area of land (including the bed or a river, waterway or lake) exceeding 4 hectares,

(b) development where the amount of extractive material to be obtained (not including overburden or topsoil not constituting part of the extractive material) will exceed 15 000 cubic metres per year or 40 000 cubic metres in total,

(c) development carried out on protected land,

(d) development carried out on land that is "protected river land" within the meaning of the Rivers and Foreshores Improvement Act 1948 or is within 20 metres of the bed or bank of any river or lake.

(2) For the purposes of subclause (1) (a), "disturbs", in relation to land, includes:

(a) the clearance or excavation of land, and

(b) the placing on land of oversized material, tailing or other rejected materials, and

(c) the erection or construction on the land of buildings or dams.